' The appeal captioned above emerges from the decision, dated 7th November, 1983 passed by the learned Presiding Officer, Punjab Labour Court No, 7, Gujranwala.
2. The respondent is a conductor. During the checking of the bus conducted by him one passenger travelling between Gujranwala and Lahore was found without ticket from whom the respondent is alleged to have realised the fare of Rs, 3.
3. The respondent requested the Enquiry Officer to summon the passenger who was without ticket and the driver of the bus but the request was refused. The address of the passenger is not given in his statement recorded by the checker. The respondent, therefore, was not in a position to summon the said passenger in defence. The driver was a material witness as his presence in the bus at the time of checking cannot be denied. He is the employee of the appellant, so could to produced. In these circumstances, the learned lower Court was justified in directing the re-instatement of the respondent in service with back benefits.
4, As a result, there is no force in the appeal which is dismissed in limine.